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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 03-30-2005, 10:36 PM
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Filing a motion for discovery


What is the name of your state? Mississippi

I was wondering how I go about filing a motion for discovery in the state of mississippi. I am told, by the court clerk, that i have to wait until after my arraignment to do this. Is this necesarily true? I have a good case, and I would rather not spend thousands hiring an attorney but rather talk to the prosecutor and just plead guilty to a lesser charge or work out some sort of pre-trial diversion program to have the charge dropped against me. Would it be wise to talk to the prosecutor on the day of my arraignment and explain my case to him? I dont know if I should reveal my defense strategy or not (I am using a case from the state appeals court that is applicable). I really want to avoid hiring an attorney if at all possible.
  #2  
Old 04-01-2005, 01:17 AM
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come on guys, this is a pretty easy question (about filing a motion for discovery) and any advice would be constructive advice as far as dealing with a prosecutor
  #3  
Old 04-01-2005, 10:33 AM
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Join Date: Feb 2001
Posts: 1,539
If you don't even know how to file a discovery motion, why do you think you can represent yourself? Talking to the prosecutor is a very bad idea because he will take advantage of you because you are unrepresented. If law is so "easy," then figure it out yourself.
  #4  
Old 04-01-2005, 02:54 PM
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Quote:
Originally Posted by calatty
If you don't even know how to file a discovery motion, why do you think you can represent yourself? Talking to the prosecutor is a very bad idea because he will take advantage of you because you are unrepresented. If law is so "easy," then figure it out yourself.
Okay I know this isnt Judge Judy and representing myself is a terrible idea in trial; I just want to know how to file a motion for discovery (and curious if I have to wait until after my arraignment). I have to learn at some point; I dont think anyone is innately born with the notion of how to file a discovery motion, sir. It appears to be a fairly basic operation. I am not planning on representing myself in a trial; I merely want to talk to the prosecutor about pleading guilty to a lesser charge than possession (conspiracy to possess, particularly) in trade for not going to trial. If the prosecutor says no deal, I intend on hiring tulane's defense team (where I go to school), but it is expensive. I would like to avoid spending all that money. Is it really that unwise to talk to the prosecutor without an attorney? Am I correct in assuming the worst thing that will come out of talking to him is that I get charged with what I am currently charged with?
thanks
p.s. I am sure you figured out the law yourself too, thanks for the help/condescending-lawyer-comment, calatty
  #5  
Old 04-01-2005, 03:09 PM
seniorjudge
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Quote:
Originally Posted by DanManK
Okay I know this isnt Judge Judy and representing myself is a terrible idea in trial; I just want to know how to file a motion for discovery (and curious if I have to wait until after my arraignment). I have to learn at some point; I dont think anyone is innately born with the notion of how to file a discovery motion, sir. It appears to be a fairly basic operation. I am not planning on representing myself in a trial; I merely want to talk to the prosecutor about pleading guilty to a lesser charge than possession (conspiracy to possess, particularly) in trade for not going to trial. If the prosecutor says no deal, I intend on hiring tulane's defense team (where I go to school), but it is expensive. I would like to avoid spending all that money. Is it really that unwise to talk to the prosecutor without an attorney? Am I correct in assuming the worst thing that will come out of talking to him is that I get charged with what I am currently charged with?
thanks
p.s. I am sure you figured out the law yourself too, thanks for the help/condescending-lawyer-comment, calatty

Well...I was going to answer your question, but after you made that nasty remark about calatty, I don't think I want to.
  #6  
Old 04-01-2005, 08:50 PM
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Quote:
Originally Posted by seniorjudge
Well...I was going to answer your question, but after you made that nasty remark about calatty, I don't think I want to.
haha, I am just trading one nasty remark for another, merely keeping the game even. I got a nasty response for no reason, so i decided to point it out. I dont want to be juvenile, just want some answers! Message board arguments are hilarious, especially when comprised of a bunch of lawyers. Thanks.
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